Access to Medicinal Cannabis Bill 2015

table of provisions

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Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Meaning of associate

5Suitability matters

6References to employment by medicinal cannabis licensee

7Health Secretary may declare registered medical practitioner or class of practitioner

8Act binds the Crown

Part 2—Functions of Health Secretary

9Functions of Health Secretary

10Health Secretary may approve forms for authorisations

11Health Secretary may declare medicinal cannabis testing facility

Part 3—Independent Medical Advisory Committee

12Minister may establish Committee

Part 4—Cultivation and manufacture of medicinal cannabis—Health Secretary and Resources Secretary

Division 1—Cultivation authorisation—Resources Secretary

13Resources Secretary authorised to cultivate cannabis

14Resources Secretary may enter into contract for performance of prescribed activity under cultivation authorisation

15Authorisation of party to section 14 contract

16Resources Secretary may enter into contract for sale or supply to licensed manufacturer

17Resources Secretary may apply for and hold Commonwealth licence

Division 2—Manufacturing authorisation—Health Secretary

18Health Secretary authorised to manufacture medicinal cannabis products

19Health Secretary may enter into contract for performance of prescribed activity under manufacturing authorisation

20Authorisation of party to section 19 contract

21Health Secretary may enter into contract to obtain cannabis from licensed cultivator

22Health Secretary may apply for and hold Commonwealth licence

Part 5—Cultivation licences

23What a licensed cultivator is authorised to do by a cultivation research licence

24What a licensed cultivator is authorised to do by a general cultivation licence

25Cultivation licence authorises activities only at licensed premises

26What a licensed cultivator's employees are authorised to do

27Application for cultivation licence

28Resources Secretary may require applicant to take further steps

29Resources Secretary must give application to Chief Commissioner of Police and Health Secretary

30Resources Secretary to determine application for cultivation licence

31Circumstances in which Resources Secretary may issue cultivation licence

32Form and duration of cultivation licence

33Conditions of cultivation licence

34Condition in general cultivation licence regarding registered contract

35Licensed cultivator must issue employee identification certificates

36Application for renewal of cultivation licence

37Resources Secretary may require renewal applicant to take further steps

38Resources Secretary must give application for renewal to Chief Commissioner of Police and Health Secretary

39Resources Secretary to determine application for renewal of cultivation licence

40Circumstances in which Resources Secretary may renew cultivation licence

41Amendment of cultivation licence

42Suspension and cancellation of cultivation licence

43Effect of cancellation or suspension of cultivation licence

Part 6—Manufacturing licences

44What a licensed manufacturer is authorised to do by a manufacturing research licence

45What a licensed manufacturer is authorised to do by a general manufacturing licence

46Manufacturing licence authorises activities only at licensed premises

47What a licensed manufacturer's employees are authorised to do

48Application for manufacturing licence

49Health Secretary may require applicant to take further steps

50Health Secretary must give application to Chief Commissioner of Police and Resources Secretary

51Health Secretary to determine application for manufacturing licence

52Circumstances in which Health Secretary may issue manufacturing licence

53Form and duration of manufacturing licence

54Conditions of manufacturing licence

55Condition in general manufacturing licence regarding registered contract

56Licensed manufacturer must issue employee identification certificates

57Application for renewal of manufacturing licence

58Health Secretary may require applicant for renewal to take further steps

59Health Secretary must give application for renewal to Chief Commissioner of Police and Resources Secretary

60Health Secretary to determine application for renewal of manufacturing licence

61Circumstances in which Health Secretary may renew manufacturing licence

62Amendment of manufacturing licence

63Suspension and cancellation of manufacturing licence

Part 7—Contracts between licensed cultivators and licensed manufacturers

64Application for registration of contract between licensed cultivator and licensed manufacturer

65Health Secretary to determine application for registration of contract between licensed cultivator and licensed manufacturer

66Health Secretary must keep contracts register

67Health Secretary to notify Resources Secretary of amendment to registered contract

68Access to contracts register

Part 8—Health Secretary's functions regarding obtaining, purchasing, registering, selling and supplying medicinal cannabis products

69Health Secretary may obtain or purchase medicinal cannabis product from licensed manufacturer

70Health Secretary may approve medicinal cannabis products for sale to and by pharmacists

71Approved medicinal cannabis product register

72Health Secretary may sell or supply approved medicinal cannabis product to pharmacist

73Health Secretary may set maximum price at which pharmacist may sell approved medicinal cannabis product

74Health Secretary may give directions to pharmacist

75Health Secretary may sell or supply medicinal cannabis product to authorised research practitioner

Part 9—Practitioner medicinal cannabis authorisations

76What is authorised by practitioner medicinal cannabis authorisation—eligible patient or exceptional circumstances

77What is authorised by practitioner medicinal cannabis authorisation—research purposes

78Specialist medical practitioner may apply for practitioner medicinal cannabis authorisation—eligible patient

79Specialist medical practitioner may apply for practitioner medicinal cannabis authorisation—research purposes

80Registered medical practitioner may apply for practitioner medicinal cannabis authorisation—exceptional circumstances

81Health Secretary to determine application for practitioner medicinal cannabis authorisation

82Form of practitioner medicinal cannabis authorisation

83Health Secretary must keep practitioner medicinal cannabis authorisations register

84Health Secretary may amend practitioner medicinal cannabis authorisation

85Health Secretary may suspend or cancel practitioner medicinal cannabis authorisation

Part 10—Patient medicinal cannabis access authorisations

86What a patient medicinal cannabis access authorisation authorises

87Registered medical practitioner may issue patient medicinal cannabis access authorisation

88Pharmacist may sell or supply on patient medicinal cannabis access authorisation

89Registered medical practitioner may supply for research purposes on patient medicinal cannabis access authorisation

90Other authority to possess, use and administer

Part 11—Review of decisions relating to licences

Division 1—Decisions that may be reviewed

91Review by VCAT

Division 2—Protected information

92VCAT to inquire on grounds for refusal

93Appointment of special counsel

94Procedure for hearing—protected information

95Decision of VCAT where protected information exists

96General provisions for hearing matters involving protected information

Part 12—Offences

97Medicinal cannabis licensee must report amendment or cancellation of registered contract

98Licensed manufacturer must report amendment or cancellation of Commonwealth licence

99Medicinal cannabis licensee must report certain events

100Medicinal cannabis licensee must report prescribed events

101Medicinal cannabis licensee must surrender suspended or cancelled licence

102Medicinal cannabis licensee must not contravene licence

103Medicinal cannabis licensee must prohibit access to licensed premises

104Employee must carry employee identification certificate

105Medicinal cannabis licensee must not employ disqualified person

106Disqualified person must not accept employment by medicinal cannabis licensee

107Medicinal cannabis licensee must ensure employees do not contravene licence or provisions of this Act

108Criminal liability of medicinal cannabis licensee for a failure to exercise due diligence

109Medicinal cannabis inspector not to be hindered or obstructed

110Offences concerning labelling, packaging, containers and advertising

Part 13—Medicinal cannabis inspectors and enforcement powers

Division 1—Authorisation and general powers of cultivation inspectors

111Cultivation inspectors

112Cultivation inspector's identification certificate

113Function and general powers of cultivation inspector

Division 2—Authorisation and general powers of manufacturing inspectors

114Manufacturing inspectors

115Manufacturing inspector's identification certificate

116Function and general powers of manufacturing inspector

Division 3—Medicinal cannabis inspectors' powersand procedures

117Medicinal cannabis inspector must give receipt if thing taken or seized

118Medicinal cannabis inspector's powers in relation to storage devices

119Medicinal cannabis inspector may seize or secure cannabis on belief of contravention

120Medicinal cannabis inspector may access ratepayer information

121Medicinal cannabis inspector may issue infringement notice

122Medicinal cannabis inspector's authorisations regarding cannabis

Division 4—Powers of Secretaries regarding seizedcannabis

123How Resources Secretary must deal with seized cannabis

124How Health Secretary must deal with seized cannabis

125Retention of seized cannabis for proceeding

126Magistrates' Court may extend 3 month period

127Forfeiture and destruction of seized cannabis

128Recovery of costs of forfeiture and destruction order

Part 14—General

129Provision of cannabis to medicinal cannabis testing facility

130Authorisation of couriers

131Delegation by Resources Secretary

132Delegation by Health Secretary

133Immunity of officials

134Competition and Consumer Act and Competition Code

135Review of operation of Act

136Regulations

Part 15—Amendment of the Drugs, Poisons and Controlled Substances Act 1981

137Definitions

138Act not to derogate from provisions of certain other Acts

139Persons authorized to have possession etc. of poisons or controlled substances

140What a licence, permit or warrant can authorise

141Manufacture, sale or supply of poisons or controlled substances by wholesale

142Wholesaling of certain poisons

143Retailing of poisons or controlled substances

144Sale of poisons or controlled substances by persons other than manufacturers etc.

145Offences concerning labelling and other matters

146Sale of substances in unauthorised containers

147Vending machines for poisons or controlled substances

148New section 31A inserted

149Effect of this Division

150Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services

151Inspections

152Duties of officers in relation to seized substances

153Persons who are liable for contravention of Act

154New section 61A inserted

155Trafficking in a drug or drugs of dependence—large commercial quantity

156Trafficking in a drug or drugs of dependence—commercial quantity

157Trafficking in a drug of dependence to a child

158Trafficking in a drug of dependence

159Possession of substance, material, documents or equipment for trafficking in a drug of dependence

160Supply of drug of dependence to a child

161Possession of tablet press

162Possession of precursor chemicals

163Possession of document containing information about trafficking or cultivating a drug of dependence

164Publication of document containing instructions

165Cultivation of narcotic plants—large commercial quantity

166Cultivation of narcotic plants—commercial quantity

167Cultivation of narcotic plants

168Permitting use of premises for trafficking or cultivation of drug of dependence

169Possession of drug of dependence

170Introduction of drug of dependence into the body of another person

171Use of drug of dependence

172Forging prescriptions and orders for drugs of dependence

173Obtaining drugs of dependence etc. by false representation

174Definitions—Part VC

175New section 80TA inserted

176List of licences and permits

177Proof that a substance is poison etc.

178New section 129A inserted

Part 16—Consequential amendments to other Acts and repeal of amending Parts

Division 1—Amendment of other Acts

179Crimes Act 1958—Definitions

180Crimes Act 1958—Effect of intoxication on reasonable belief

181Crimes Act 1958—Intoxication

182Guardianship and Administration Act 1986—Definitions

183Health Records Act 2001—Definitions

184Mental Health Act 2014—What is medical treatment?

185Pharmacy Regulation Act 2010—Definitions

186Pharmacy Regulation Act 2010—Disclosure of information to other agencies

187Prevention of Cruelty to Animals Act 1986—Cruelty

Division 2—Repeal of amending Parts

188Repeal of amending Parts

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Endnotes

1General information

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581168B.I-9/12/2015BILL LA INTRODUCTION 9/12/2015

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Introduced in the Assembly

Access to Medicinal Cannabis Bill 2015

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581168B.I-9/12/2015BILL LA INTRODUCTION 9/12/2015

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A Bill for an Act to provide for medicinal use of products derived from cannabis by establishing a scheme for the lawful cultivation of cannabis for those products, the lawful manufacture of those products and the lawful use of those products by a limited class of Victorians, to consequentially amend the Drugs, Poisons and Controlled Substances Act 1981and to make related amendments to certain other Acts and for other purposes.

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581168B.I-9/12/2015BILL LA INTRODUCTION 9/12/2015

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581168B.I-9/12/2015BILL LA INTRODUCTION 9/12/2015

Access to Medicinal Cannabis Bill 2015

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581168B.I-9/12/2015BILL LA INTRODUCTION 9/12/2015

Access to Medicinal Cannabis Bill 2015

The Parliament of Victoriaenacts:

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581168B.I-9/12/2015BILL LA INTRODUCTION 9/12/2015

Part 16—Consequential amendments to other Acts and repeal of amending Parts

Access to Medicinal Cannabis Bill 2015

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to provide for medicinal use of products derived from cannabis by establishing a scheme—

(i)for supply to and treatment of Victorians with specified conditions with approved medicinal cannabis products of reliable quality and known composition; and

(ii)which preserves the prohibition of unlawful trafficking, cultivation, supply and use of the drug of dependence Cannabis L.; and

(b)to provide for the lawful cultivation of cannabis for medicinal cannabis products; and

(c)to provide for the lawful manufacture of medicinal cannabis products; and

(d) to consequentially amend the Drugs, Poisons and Controlled Substances Act1981 and make related amendments to certain other Acts.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Definitions

In this Act—

approved form means a form approved by the Health Secretary under section 10;

approved medicinal cannabis product means a medicinal cannabis product that the Health Secretaryhas approved under section 70;

approved medicinal cannabis product register means the register kept by the Health Secretary under section 71;

associate has the meaning given in section 4;

cannabismeans a plant or any part of a plant of the genus Cannabis L., whether fresh or dried, and includes cannabis seed;

cannabis extract means a substance extracted from cannabis;

Commonwealth licencetomanufacturemeans a licence under the Narcotic Drugs Act 1967 of the Commonwealth to manufacture cannabis;

contracts register means the register kept by the Health Secretary under section 66(1);

cultivate, in relation to cannabis, has the same meaning as cultivate has in relation to a narcotic plant under section 70 of the Drugs, Poisons and Controlled Substances Act1981;

cultivation authorisation means the authorisation under section 13;

cultivation inspector means—

(a)a person authorised under section111(1) to be an inspector in respect of the cultivation of cannabis under this Act; and

(b)a police officer;

cultivation licence means—

(a)a cultivation research licence; and

(b)a general cultivation licence;

cultivation research licence means a licence referred to in section 23;

eligible patient means—

(a)a patient who—

(i)is under 18 years of age; and

(ii) experiences severe seizures resulting from an epileptic condition in respect of which other treatment options have not proved effective orhave generated intolerable side effects; and

(iii) meets the prescribed criteria in respect of that condition (if any); or

(b)a patient who—

(i)has a prescribed medical condition; and

(ii)meets the prescribed criteria in respect of that condition (if any);

employee identification certificate means a certificate issued by—

(a)a licensed cultivator under section35(1); or

(b)a licensed manufacturer under section56(1);

general cultivation licence means a licence referred to in section 24;

general manufacturing licence means a licence referred to in section 45;

Health Secretary means the Secretary to the Department of Health and Human Services;

labelmeans a statement in writing on a container of medicinal cannabis, an approved medicinal cannabis product or other medicinal cannabis product and includes any tag, brand mark or statement in writing on, or attached to, or used in connection with, any container or package containing any medicinal cannabis, an approved medicinal cannabis product or other medicinal cannabis product and labelled has a corresponding meaning;

licensed cultivator means a person who holds a cultivation licence;

licensed manufacturer means a person who holds a manufacturing licence;

licensed premises means—

(a)in relation to a cultivation licence, the premises specified in the licence under section 32(1)(b); and

(b)in relation to a manufacturing licence, the premises specified in the licence under section 53(1)(b);

manufacture has the same meaning as it has in section 4 of the Drugs, Poisons and Controlled Substances Act 1981;

manufacturing authorisation means the authorisation under section 18;

manufacturing inspector means—

(a)a person authorised under section114(1) to be an inspector in respect of the manufacture of medicinal cannabis products under this Act; and

(b)a police officer;

manufacturing licence means—

(a)a manufacturing research licence; or

(b)a general manufacturing licence;

manufacturing research licence means a licence referred to in section 44;

medicinal cannabis means cannabis cultivated or manufactured for medicinal purposes or for research purposes under or in accordance with this Act;

medicinal cannabis inspector means—

(a)a cultivation inspector; or

(b)a manufacturing inspector;

medicinal cannabis licensee means—

(a)a licensed cultivator; or

(b)a licensed manufacturer;

medicinal cannabis product means a substance, compound, preparation or mixture that is manufactured from cannabis for human use or consumption and includes an approved medicinal cannabis product;

medicinal cannabis testing facility means a facility declared by the Health Secretary under section 11;

patient medicinal cannabis access authorisation means an authorisation under section 86;

pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (otherthan as a student);

practitioner medicinal cannabis authorisation means the following authorisations issued by the Health Secretary under Part 9—

(a)a practitioner medicinal cannabis authorisation—eligible patient;

(b)a practitioner medicinal cannabis authorisation—exceptional circumstances;

(c)a practitioner medicinal cannabis authorisation—research purposes;

practitioner medicinal cannabis authorisation—eligible patientmeans an authorisation referred to in section 78;

practitioner medicinal cannabis authorisation—exceptional circumstances means an authorisation referred to in section 80;

practitioner medicinal cannabis authorisation—research purposes means an authorisation referred to in section 79;

practitioner medicinal cannabis authorisationregister means the register kept by the Health Secretary under section 83;

protected information means any information, document or thing the production or inspection of which—

(a)is likely to reveal the identity of a person and the fact that the person—

(i)provided information that formed the basis of a decision of the Chief Commissioner of Police to oppose an application for a cultivation licence or manufacturing licence; or

(ii)provided information to a police officer in the course of an investigation; or

(iii)is named in any evidence given or information provided to a police officer in the course of an investigation; or

(iv)has been the subject of an investigation conducted by a police officer; or

(b)is likely to jeopardise the safety of a person referred to in paragraph (a)(i), (ii), (iii) or (iv); or

(c)is likely to reveal an investigation method used by police officers; or

(d)is likely to put at risk an ongoing investigation by a police officer; or

(e)is otherwise not in the public interest;

registered contract means a contract entered on the contracts register;

Resources Secretary means the Secretary to the Department of Economic Development, Jobs, Transport and Resources;

seized cannabis means cannabis, cannabis extract or a medicinal cannabis product seized by a medicinal cannabis inspector under section119 and seizure of cannabishas a corresponding meaning;

serious offence has the same meaning as it has in section 69N of the Drugs, Poisons and Controlled Substances Act 1981;

specialist medical practitionermeans a registered medical practitioner—

(a)who is registered under the Health Practitioner Regulation National Law (Victoria) in a recognised speciality (within the meaning of that Law) that is prescribed for a prescribed medical condition for which a practitioner medicinal cannabis authorisation—eligible patient is available; or

(b)to whom, or who is a member of a class to which, a declaration under section 7 applies;

storage device means—

(a)a tape; or

(b)a disk; or

(c)a similar device that stores information;

substance has the same meaning as it has in section 4 of the Drugs, Poisons and Controlled Substances Act 1981;

suitability matters has the meaning set out in section 5.

4Meaning of associate

(1)For the purposes of this Act, a person is an associate of a medicinal cannabis licensee or an applicant for a licence under this Actif—

(a)the person is of or over the age of 18 years; and

(b)the person—

(i)holds any relevant financial interest inthe business of the licensee or applicant (as the case requires) or is entitled to exercise any relevant power (including on behalf of anyone else) in the business and, because of that interest or power, is able to exercise significant influence over or with respect to the management or operation of the business; or

(ii)holds any relevant position (includingon behalf of anyone else) inthe business; or

(iii)is the licensee's or applicant's spouse, domestic partner, parent, step-parent, sibling, step-sibling, child, step-child or adopted child.

(2)In subsection (1)—

domestic partner of a person means—

(a)a person who is in a registered domestic relationship within the meaning of the Relationships Act2008 with that person; or

(b)a person to whom that person is not married but with whom that person is living as a couple on a genuine domestic basis (irrespective of gender);

relevant financial interest in a business means—